Use of copyright protected work by non-faculty in a non-teaching situation
could still fall within Fair Use. However, the four factors need to
be applied more stringently. Just because the activity takes place within
a non-profit educational setting does not mean that
any use is fair. When applying the four factors it is import to consider:
- If the use is for news, criticism, commentary, and parody or in
some other way "transformative" such as quotations used
in a paper or short clips in a multimedia production?
- If the copyright protected work is fiction, non-fiction or personal
expression?
- How much of the copyright protected work is to be used? Also, what
portions of the work will be used?
- If the permission to use the work is available for purchase?
One of the key misconceptions concerning copyright is that of purchase.
Many people believe that if they purchase a book or videotape then they
have the right to do with it what they want. In one sense they are correct.
They can do whatever they want with the paper and cardboard that make
up the book. They can do whatever they want with the plastic case and
mylar that the video is recorded on. However, buying a book, videotape,
or music CD only gives the purchaser limited rights to content. Those
rights are limited viewing and reproduction for archival purposes. Purchasing
a book, videotape, or music CD does not give you the right to perform
or display it publicly. There are separate licenses that must be obtained
before a copyright-protected work can be performed or displayed for
the general public.
Another consideration is the audience. If the work is performed or
displayed in a public space where anyone can walk in, then the use is
probably an infringement. It's a better idea to limit access to events
where a copyright-protected work is to be performed or displayed to
those in the immediate college community (students, faculty, staff and
parents). In addition, copies of multimedia productions that make use
of copyright-protected works may not be made available to the general
public. It would be an infringement to sell copies of music video or
interactive multimedia CD that used popular music unless you got permission
through licensing.
The option for non-instructional use is to get permission from the
copyright holder through licensing. There are several film companies
that can grant limited use for public performance of motion pictures.
This cost can run a couple of hundred dollars for a few days. In addition,
there are music licensing groups that grant blanket licensing for the
use of their products. For print materials the Copyright
Clearance Center is always a good place to start.